Questione giuridica chiave
Admissibility of the civil appeal and subsidiary constitutional complaint despite an available cantonal nullity appeal
Decisione estratta
The Federal Supreme Court could not enter into either remedy because the cantonal nullity appeal to the St. Gallen Court of Cassation was still available for the complaints raised.
Motivazione estratta
The appellant challenged only arbitrary fact-finding and violations of constitutional and Convention-based procedural guarantees. Those grievances could have been raised by nullity appeal under cantonal procedure, so the cantonal instance chain was not exhausted and the challenged judgment was not final within the meaning of Art. 75(1) and Art. 114 BGG.